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Cited by 246War, Law, and JusticeMemory, violence, and historyCriminal Justice and Penology

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State Crimes of Previous Regimes: Knowledge, Accountability, and the Policing of the Past

Cohen, Stanley·1995·Law & Social Inquiry
DOI 10.1111/j.1747-4469.1995.tb00681.x
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Abstract

The policy of lustration is set in the context of responses to abuses of power by previous regimes. Using examples from three recent forms of social reconstruction (in Latin America, the former communist states, and South Africa), the author reviews the “justice in transition” debate. How do societies going through democratization confront the human rights violations committed by the previous regime? Five aspects of this debate are reviewed: (1) truth: establishing and confronting the knowledge of what happened in the past; (2) justice: making offenders accountable for their past violations through three possible methods: punishment through the criminal law, compensation and restitution, and mass disqualification such as lustration; (3) impunity: giving amnesty to previous offenders; (4) expiation; and (5) reconciliation and reconstruction. A concluding discussion raises the implications of the subject for the study of time and social control.

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Metadata

Authors
Cohen, S.
Affiliations
Hebrew University of Jerusalem (IL)
Corresponding author
Cohen, Stanley
ORCID
Cohen, Stanley
Venue
Law & Social Inquiry
Publisher
Cambridge University Press (CUP)
Published
1995
Volume
20
Issue
01
Pages
7-50
ISSN
  • 0897-6546 (ISSN-L)
  • 1747-4469
DOI
10.1111/j.1747-4469.1995.tb00681.x
OpenAlex
W2167175932
Cited by
229
References
0
Citations by year
2025: 17 · 2024: 18 · 2023: 1 · 2022: 24 · 2021: 16 · 2020: 4 · 2019: 5 · 2018: 5 · 2017: 6 · 2016: 2 · 2015: 7 · 2014: 3 · 2013: 7 · 2012: 8
FWCI
11.38
Type
journal article
Language
en
Open access
closed
Licence
doi.wiley.com/10.1002/tdm_license_1.1 (tdm, 7548 d)
Locations
Law & Social Inquiry (publishedVersion)
Topics
  • Social Sciences › Political Science and International Relations › War, Law, and Justice
  • Social Sciences › Arts and Humanities › History › Memory, violence, and history
  • Social Sciences › Law › Criminal Justice and Penology
Keywords
lustration, transitional justice, state crimes, human rights violations, democratization, truth commissions, accountability, amnesty, expiation, reconciliation, social reconstruction, former communist states, Latin America, South Africa, social control, time and memory

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